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💼 | Killing a baby while job hunting A woman is sentenced to 7 years in prison


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Killing a baby while job hunting A woman is sentenced to 7 years in prison

 
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Defendant Kitai said with tears, "I am very sorry for the baby," and the defense sought a suspended sentence.
 

He was sentenced to 7 years in prison for killing a baby who gave birth at the airport while looking for a job.Defendant Koyuri Kitai (23) was looking for a job ... → Continue reading

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Defendant Kitai

Probation

Probation(Suspended sentence) is a judgmentPunishmentIn handing overdefendantFor a certain period (suspended sentence) in consideration of the criminal offense of刑事 事件When it has passed without causingPenaltySystem to extinguish[1].

Overview

HistoryThe United Kingdom,AmericaIt originated from the sentence deferment system ofEuropeWas inherited by the continental countries of[1]..However, while the United Kingdom and the United States developed as a system to postpone the sentence of sentence, in continental countries it developed as a system to postpone the sentence after declaring the sentence.[2].

The purpose of the suspended sentence system is to warn the criminal that the sentence may be executed by revoking the suspended sentence while avoiding the harmful effects caused by the execution of a short-term custodial sentence and the criminal record from the viewpoint of criminal policy. This is in order to maintain the good deeds of the criminal and prevent recidivism.[1].

Suspended sentence system and suspended sentence system

Postponement of sentence under Anglo-American law

In the United Kingdom, from around 1842, the conviction itself was postponed and conditional release was carried out for first offenders and boys who could be improved under the authority of judges.[1]..These were established as legal systems under the Summary Court Act of 1879 and the First Criminal Examination Act of 1887.[1].

In the United States, a practice was born around 1849 in which courts exercised their authority and postponed execution of sentences.[1].. Although it was legalized by the Massachusetts Act in 1878,ProbationEstablished as an integrated system with[1].

Under the influence of this, the United Kingdom introduced a similar system under the 1907 Criminal Probation Act, which was gradually expanded by subsequent legislation.[3].

Suspended sentence under civil law

Conditional conviction

Conditional conviction is a system that invalidates a conviction when an actor passes a certain suspended sentence without causing a criminal case as required by law.[2].

ベルギーWas institutionalized by the 1888 Parole and Conditional Convictions Act[2]. Also,FranceWas institutionalized in 1891 by the Law Concerning Reduction and Weighting of Penalties.[2].

Conditional amnesty

Conditional amnesty means that after a judgment, the execution of a sentence is postponed by an administrative disposition by an administrative authority, and the actor is sentenced to a certain period of suspended sentence without causing a criminal case as required by law. It is a system that exempts the execution of[2].

1895 ToGermanyHowever, the current German law allows courts to postpone the execution of sentences for probation for a certain period of time.[2].

Suspended sentence under Japanese law

JapanThen.Penal Code Article 25Is stipulated in Article 27-7,Criminal Procedure Code Article 333At the same time as the sentence is sentenced, it is supposed to be sentenced by a judgment.About the sentence with suspended sentenceSuspended sentenceThat.

On the other hand, there is no suspended sentenceCustodial sentenceTo be popularPrison sentenceThat judgment is called a prison sentence.In addition, it should be noteddetentionAs for, the execution cannot be postponed, so it is always a prison sentence.

Suspended sentencetrialnot onlySummary procedureCan also be attached at (Criminal Procedure Code Article 461).However, in the summary procedure, there is only a fine, and as will be described later, the suspended sentence of the fine is extremely rare, so there are no actual cases.There are restrictions on long-term travel and relocation during the suspended sentence with probation.

History

In terms of history, the "Prison Execution Niseki Suru Case" was enacted in 1905 (Meiji 38), and conditional amnesty was adopted.[2].

Current criminal law adopts conditional conviction[2]..The revision of the Penal Code by Law No. 25 of 49 came into effect on June 2016, 28, and a suspended sentence was introduced for a part of the sentence.

Suspended sentence requirements

Depending on the circumstances, the statutory conditions under which a suspended sentence can be given to all or part of the sentence are as follows, and the period is specified within the range of 1 year to 5 years (Penal Code Article 25・ Article 27-2).

  1. beforeimprisonmentEven if you have never been sentenced to the above sentence or have been sentenced to imprisonment or more, from the date you obtained the termination or exemption (in the case of suspended sentence, when you received it) 5 For over a yearimprisonmentThose who have not been sentenced to the above ...The sentence was sentenced to 3 years or lessImprisonmentOr imprisonment or less than 50 yenfineWhen
  2. Those who have previously been sentenced to imprisonment or higher but have been deferred from execution (ProbationIf it is attached to, the person must not have committed any further crimes within the probation period) ...The sentence was sentenced to 1 years or lessImprisonmentOr when imprisoned(So-called "suspended sentence")

"Persons who have never been sentenced to imprisonment or higher" are those who have never been sentenced since they were born, as well as those who have never been sentenced.Article 34-2 of the Penal Code"A person whose sentence has lost its effect" (for 10 years after the execution of a sentence of imprisonment or more has been completed or exempted from executionfineThose who have not been sentenced above) are also included.

However, it is practically (in practice) that a fine is suspended.Informal instructionIt is extremely rare (including the case of), and there are several cases a year.There are few cases where suspended sentence is allowed again, and it is about 100 to 200 cases a year.For the detailed number of cases, refer to the status of suspended sentence below.In addition, it should be noted.2014 OctoberToOsaka District CourtOn probationRecidivismAt trial against the accusedIntellectual disabilityThere is an example in which the existence of was found and a suspended sentence was given again.[4].

For suspended sentenceProbationMay be attached.Probation during the suspended sentence of all sentences is stipulated in Article 25-2 of the Penal Code, and probation is always attached in the case of a suspended sentence again (Article 25-2, Paragraph 1 of the Penal Code).Therefore, in principle, a person who has been given probation by another suspended sentence cannot be given probation three times, but if the probation is canceled, it is considered that the person has not been probated. Is done.Probation during the suspended sentence of a part of the sentence is stipulated in Article 27-3 of the Penal Code.

Incidentally,Prostitution Prevention LawAccording to Articles 17 and 18, when a girl over 20 years old who has been solicited for the purpose of prostitution in public is given a suspended sentence, it is within 6 months.guidanceIt is said that it can be disposed of.

Elapsed grace period

If a suspended sentence is given for the entire sentence, the sentence will cease to be effective if the suspended sentence expires without the suspension being revoked (Criminal Code, Article 27, Paragraph 1).

"The sentence of a sentence loses its effect" means that the sentence of a sentence will no longer be effective in the future, and is also called legal reinstatement.Therefore, if the suspended sentence period elapses, it will fall under the category of "a person who has never been sentenced to imprisonment or more", so even if he commits a crime again, the suspended sentence will be based on Article 25, Paragraph 1, Item 1 of the Penal Code. You can receive it.However, the fact of the sentence itself is not lost, so the situation becomes especially serious when the same kind of crime is committed again.SentencingIs quite possible to affect[5].

As a result of the lapse of suspended sentence, the effect of the sentence will disappear in the future, so-called (in a narrow sense)PreviousDo not become, Usually, "qualification restrictions" (as stipulated by each law) will disappear in the future[6].

In addition, if a part of the sentence is suspended, and if the suspended sentence elapses without canceling the suspended sentence, the period of imprisonment or imprisonment for which execution was not suspended will be applied. Reduce to imprisonment or imprisonment for imprisonment (Article 27-7 of the Criminal Code).

Cancellation of suspended sentence

The suspended sentence is always revoked in the following cases (the necessary revocation of the full suspended sentence of the sentence is:Penal Code Article 26, See Article 27-4 of the Penal Code for the necessary cancellation of a suspended sentence for a part of the sentence).

  1. When a person commits another crime during the grace period and is sentenced to imprisonment or more without a suspended sentence.
  2. When a person is sentenced to imprisonment or more without a suspended sentence for a crime committed before the sentence of suspended sentence is finalized.
  3. When it is discovered that another offense has been sentenced to imprisonment or more before the grace sentence is finalized.However, this excludes those who fall under Article 25, Paragraph 1, Item 2 and those who fall under Article 26-2, Item 3.

The sentence of suspended sentence can be revoked at its discretion in the following cases (the discretionary revocation of all suspended sentences of a sentence is possible:Article 26-2 of the Penal Code, See Article 27-5 of the Penal Code for the discretionary cancellation of a suspended sentence of a part of the sentence).

  1. When you are sentenced to a fine for another offense during the grace period.
  2. When a person who has been suspended for probation does not comply with the compliance items and the situation is severe.
  3. When it is discovered that another offense has been sentenced to imprisonment with a suspended sentence or more before the sentence of suspended sentence is finalized (in the case of discretionary revocation of the entire suspended sentence).

When the suspended sentence of imprisonment or more is revoked, the suspended sentence of other imprisonment or more is also revoked (Article 26-3 of the Penal Code・ Article 27-6, cancellation of suspended sentence of other sentences).

If the suspended sentence should be revoked, the prosecutor will request the court to make a revocation decision. (Criminal Procedure Code Article 349 - 349-2

Most of the cases where the suspended sentence is revoked are re-offendings during the suspended sentence, but it is not enough to simply commit a crime equivalent to a custodial sentence that is not suspended during the suspended sentence, and further execution. It is necessary that the decision to revoke the suspended sentence becomes effective by the maturity of the suspended sentence after the free sentence that is not suspended is confirmed during the suspended sentence.

Although extremely rare in operationRoad Traffic LawEven for crimes such as violationsfineIt is possible that the suspended sentence will be revoked if the sentence is sentenced.In addition, it should be noted.Traffic foul notification systemBased on the so-calledFoul ticketPay by ("blue ticket")Foul money TheAdministrative punishmentTherefore, it does not fall under the "fine penalty" of the same provision.

Regarding the cancellation due to the violation of the probationary compliance items in Article 26-2, item 2, the recidivism equivalent to the free sentence was re-offended during the full period of the suspended sentence, and the recidivism was canceled as a violation of the compliance items. Most of the cases have been done.In addition, in the case of cancellation due to this provision, for those who have been sentenced to graceOral argumentHave a claim (Code of Criminal Procedure Article 349-2(Item 2).

If the suspended sentence is revoked, the entire sentence sentenced will be executed for any period of the suspended sentence.

When it is discovered that another offense has been sentenced to imprisonment or more before the sentence of suspended sentence is finalized, "The prosecutor corrects the sentence of suspended sentence illegally sentenced by the method of appeal. The prosecutor said, "In the case of a suspended sentence, that is, during the grace period when the sentence of suspended sentence was finalized, the prosecutor said," The punishment is more than imprisonment for other crimes. "When it is discovered" is the case law[7].

Suspended sentence status

The status of suspended sentence is as follows[8].

Imprisonment
In 2019, 46,102 imprisonment sentences were finalized, of which 28,044 (60.8%) were sentenced to all sentences and 1452 (3.1%) were suspended from some sentences.Of these, 25 cases are based on Article 2, Paragraph 172 of the Penal Code, that is, the suspended sentence is renewed.
imprisonment
In 2019, 3,076 imprisonment sentences were finalized, with only 55 prison sentences, and the remaining 3021 (98.2%) with a full suspended sentence.There was no suspended sentence for some of the sentences.
fine
In 2019, 194,404 fines were finalized, but only one was suspended. 3-2002 is also a single digit number each year.In this way, fines are rarely suspended.Very special cases (eg public security cases)Fine crime arrestSuspended sentence is given to cases such as when a person is convicted of guilty or not guilty for a long period of time and is finally convicted of a minor case.

Remarks

footnote

[How to use footnotes]

注 釈

  1. ^ Excludes perjury charges such as electors.
  2. ^ Excludes cases where false statements in the Political Funds Audit Report, violations of confidentiality obligations learned in the business of political fund audits, etc., or cases where the court did not apply the suspension of voting rights due to circumstances.
  3. ^ Diet lawArticle 109 ・Local government lawArticle 127-Local Autonomy Law Article 143 for public officeRight to voteIt is stipulated that those who lose their office will retire from public office, and those sentenced to imprisonment will lose their eligibility for election, but they will be guilty of bribery and probation by public office, violate elections, and violate the Political Funds Control Act. In order not to lose the eligibility for election even if the conviction with suspended sentence is confirmed for other crimes.

Source

  1. ^ a b c d e f g Otsuka 2008, p. 572.
  2. ^ a b c d e f g h Otsuka 2008, p. 573.
  3. ^ Otsuka 2008, pp. 572–573.
  4. ^ Persons with cumulative disabilities: Crimes on grace, grace again due to intellectual disability Mainichi Newspapers November
  5. ^ Supreme Court March 29, 3 Judgment of the First Small CourtPenal collectionVol. 8, No. 3, p. 270-Supreme Court Information.
  6. ^ Maeda MasahideWritten by "Criminal Law General Lecture [3rd Edition]", University of Tokyo Press, 1998.ISBN 4-13-032313-X.P.488
  7. ^ February 33, 2 Supreme Court En Banc Showa 10 () 31 Decision on special appeal case against decision to dismiss appeal against decision to cancel suspended sentenceFebruary 33, 2 Supreme Court En Banc Showa 10 (Shi) 31
  8. ^ Annual Prosecution Statistics Report ・ "Persons who have received a definitive trial by trial grade" "Persons who have received a suspended sentence for all sentences by the Supreme Court, the High Court and the district court"
  9. ^ Court mistake: grace sentence contrary to provisions sentenced without noticing district public prosecutor's office Mainichi Newspaper March 2013, 7
  10. ^ Shoplifting "Impact of dementia" postponed to recidivism while suspended Mainichi Newspaper March 2016, 4

References

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外部 リンク

https://id.ndl.go.jp/auth/ndlna/00570970


 

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